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Azimul Kabir (Md) Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....officials to take proper and adequate care and caution to ascertain that there are materials justifying the passing of an order of detention. Ed. This Case is also Reported in: 54 DLR (2002) 189.......e of time and resources and will cause erosion not only in the adjudicatory system but also in the mind of the law abiding people. 18. Before recording our decision we are inclined to consider the question of satisfaction of the detaining authority on the basis of materials available on record. I......C) 740 and AIR 1970 (SC) 852. 15. Mr. Moudud Ahmed referred the case of Habiba Mahmud Vs. Bangladesh and others reported in 45 DLR (AD) 89. It was held in that case that “grounds” must include facts as well. The grounds are not only necessary to enable the defence to make representation, they..Category: Criminal Law | Date: | Hits: 45
SM Nasirul Haque Vs. Omar Faruque Chowdhury and others, 2001, 30 CLC (HCD)
....are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ......er in said land. In support, he cites the decisions in the case of Haladar Dutta Vs. Abdul Rob Chowdhury, 36 DLR 193 and Md. Khairullah vs. Haji Nurul Alum Chowdhury, 35 DLR (AD) 338. 14. Only question facing us is whether the learned Additional District Judge is well founded in affirming the......plots in subsequent survey, or by mutation by the acts of parties, the previous co owners in the holding and/or the land cannot be deemed to still continue as such co-owners. 26. Coming to the facts of this case, we find, on 30-04-53 and 30-07-54 parents of the preemptor purchased 0.63 acre o..Category: Property Law | Date: | Hits: 39
State Vs. Kabel Molla and others, 2002, 31 CLC (HCD)
....f this judgment be forwarded to the learned Additional. Sessions Judge, First Court, Tangail for taking necessary action according to law. Ed. This Case is also Reported in: 55 DLR (2003) 108. ......prisoner Eskander Molla alias Baniz Member preferred Jail Appeal No. 2531 of 2000. This judgment will dispose of the Reference and the Appeals preferred by the convict inasmuch as they involve common question of fact and law. 2. The prosecution case is at in the morning of 2-6‑90 at about 8‑0......udice the trial of the case and that the confessional statement of the condemned prisoner Matiar Rahman has proved the manner of the alleged occurrence supported by other witnesses and in view of the facts and circumstances of the case and the evidence on record the impugned judgment and order of co..Category: Criminal Law | Date: | Hits: 36
Sufia Islam Shila and another Vs. Shakhawat Hossain and others, 2001, 30 CLC (HCD)
....ssioner within 3 months and to conclude the trial preferably within another 6 months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 178. ......ssioner within 3 months and to conclude the trial preferably within another 6 months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 178. ......r but the learned Assistant Judge committed an error of law by accepting the local investigation report without giving opportunity to the plaintiffs for examining the Advocate Commissioner. 3. The facts of the case, in short, are that the plaintiff-petitioners filed Title Suit No. 82 of 1998 for ..Category: Property Law | Date: | Hits: 28
Kowsar Chowdhury Vs. Latifa Sultana, 2001, 30 CLC (HCD)
.... the time of issuance of the Rule is hereby vacated. Send a copy of this judgment along with the LC record to the court concerned at once. Ed. This Case is also Reported in: 54 DLR (2002) 175....... Rahman, Advocate—For the Petitioner, Md. Korban Ali, Advocate— For the Opposite Party. Civil Revision No. 693 of 2000. Judgment Nazmun Ara Sultana J.- This Rule was issued calling in question the judgment and decree dated 28-9-1999 passed by the Additional District Judge, 7th Court,......intenance. 6. I have heard the learned advocates for both the parties at length and perused the judgment of the courts below and the other relevant materials on record. 7. From the above stated facts it is evident that in this Rule the moot point raised for determination is whether the suit fi..Category: Family Law | Date: | Hits: 186
....mulated in both the reference applications are answered in the negative and in favour of the assessee.
There will be no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 168.......on No. 8/97 and Reference Application No. 9/97 arise out of the order dated 16-3-95 in ITA No. 791 of 1992-93 and ITA No. 792 of 1992-93 passed by the Taxes Appellate Tribunal, Dhaka Bench-3. Similar questions have been formulated in both the reference applications and those are answered by this jud......ation No. 8/97 the applicant has for our consideration and decision formulated the following questions of law which are said to arise from the order of the Taxes Appellate Tribunal: i) Whether in the facts and circumstances of the case the Tribunal rightly interpreted section 4(3)(I) of the Income T..
Category: Fiscal/Taxation Law | Date: | Hits: 65
Sew Bishar Prasad Vs. Collector of Customs, Chittagong and others, 2001, 30 CLC (HCD)
....ase the bank guarantees furnished by the petitioner in terms of the Rule within 15 days from the date of receipt of this order. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 173. ......e of customs duty on the basis of indicative value and declaring the same arbitrarily for the purpose of assessment of the Customs duty, VAT and other charges on the consignment of the petitioner, in question. 2. The petitioner according to SRO No. 214-ATN/93/1527/Shulka dated 28-10-1993, wherein......ase the bank guarantees furnished by the petitioner in terms of the Rule within 15 days from the date of receipt of this order. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 173. ..Category: Fiscal/Taxation Law | Date: | Hits: 83
Wahidul Haque Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....bservation made in the body of this judgment. Send copies of this judgment to respondent Nos. 1-5 for proper guidance and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)165....... by this present petitioner in respect of the self-same property. The petitioner has stated the facts, which have compelled him to file this present writ petition as follows: 2. The property in question is the house No. 19/7 Block E’ Azam Road PS Mohammadpur, Dhaka. This property was enliste......eeking a direction to the respondents to implement the judgment passed in another writ petition filed by this present petitioner in respect of the self-same property. The petitioner has stated the facts, which have compelled him to file this present writ petition as follows: 2. The property in..Category: Property Law | Date: | Hits: 38
.... and order of the trial Court are affirmed. We direct that the parties will bear their own costs.
Send down the LCR, if any, immediately.
Ed.
This Case is also Reported in: 54 DLR (2002) 161.......the petitioner since rejection of written objection ipso facto cannot non-suit a defendant and forfeit a defendant’s right to cross- examine the plaintiff and his witnesses and contest the cause on questions of law. According to him, since the arbitration agreement exists between opposite party No...... petitioners written objection in Title Suit No. 1 of 1999 (under section 14(2) of the Arbitration Act, 1940) to make opposite party No. 2’s award dated 19-9-1998 the Rule of the Court.
2. Short facts relevant for the purpose of disposal of this Rule are, that an agreement dated 12-11-1997 was ..
Category: Alternative Dispute Resolution | Date: | Hits: 196
Barrister Ziaur Rahman Khan Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....l call such meetings to meet the contingencies and the meetings thus called will take decisions as per clause (4) of Annexure ‘C’. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 164. ......r can not invoke the writ jurisdiction of this Court. According to them the petitioner is an outsider, a member of the public and no legal right had been created in his favour by these circulars. The question that falls consideration is that whether the petitioner who an elected member of Parliament......he locally elected representative should not be consulted in the Sammonnoy Committee meeting in accordance pith the rules as continued in Annexure-A and Government directive to that effect. 2. The facts, in short, are that, the petitioner has been elected as Member of Parliament from the Banglade..Category: Administrative Law | Date: | Hits: 462
Ahsan Karim Jinnah Vs. Meghna Insurance Company Limited & others, 1999, 28 CLC (HCD)
.... by rectifying its register of members. In view of the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 160. ...... be affixed with requisite stamps even now as there is no time limit in this regard. Mr Yusuf referred to and relied on the decision reported in 43 DLR 329 of this Court in this connection. 7. The question that has arisen for consideration is, whether the petitioner in fact transferred his shares......me of the petitioner in the register as a share-holder with the said 10,000 shares by removing the names of the respondent Nos. 2-7 therefrom by rectifying its register of members. In view of the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is al..Category: Company Law | Date: | Hits: 203
Alamgir (Md) Vs. Habea Begum, 1999, 28 CLC (HCD)
....he impugned order dated 29-6-98 passed by the learned District Judge, Cox’s Bazar in Miscellaneous Appeal No.6 of 1998 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 157. ......he impugned order dated 29-6-98 passed by the learned District Judge, Cox’s Bazar in Miscellaneous Appeal No.6 of 1998 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 157. ......l and affirming the order dated 5-2-98 passed by the Assistant Judge and Family Court, Kutubdia Sadar in Family Suit No.3 of 1994 rescheduling payment of the decretal dues by instalments. 2. Short facts relevant for the purpose of the case are that, the opposite party as plaintiff instituted a su..Category: Family Law | Date: | Hits: 155
....and are of no legal effect.
The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 59 DLR (2007) 690.......ere was evidence of tampering with the electric meter placed with the petitioner, upon detection of the wrongful interference with the meter, the petitioner was served with the supplementary bills in question by way of penalty. Further, it has been contended that on 9-4-1996, a Task Force examined t......and are of no legal effect.
The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 59 DLR (2007) 690...
Category: Others | Date: | Hits: 131
Abdur Rahman Vs. State, represented by Deputy Commissioner, 2006, 35 CLC (HCD)
....nding before the Metropolitan Magistrate, Chittagong, is hereby quashed. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 683. ......or of some other court to which such Court is subordinate. " 10. In the case of Md. Tokumuddin Par vs. State reported in 4 BLT(AD) 84 their Lordships in the Appellate Division on the self-same question held as under- "section 195( 1 )(c) of the Code of Criminal Procedure provides that ......d be turned into a part of prosecution material if it is admitted by the prosecution in any manner or a bridge could be shown to have been established in between the materials, either on the admitted facts or in any other manner. Since the alleged Bainapatra admittedly is in the seisin of a civil Co..Category: Criminal Law | Date: | Hits: 43
State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)
....absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ......ficer-in-Charge of the police station did not examine him. He could not say whether Nabi Hossain, the Officer-in-Charge of the police station interrogated Azahar Bhuiyan and others or on 28-8-2000 he questioned him. On that date he had no mental position to state the incident of Bhuiyan Mansion and ...... Code of Criminal Procedure. They claimed innocence as before and made no other statement. Accused Hasib and Sohrab submitted some papers. The learned Judge on consideration of the above evidence and facts and circumstances of the case convicted accused Hasib, Almas, Aurango, Khaja, Sohrab, Abu Tahe..Category: Criminal Law | Date: | Hits: 40
AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)
....de Court. If this position be continued, I am afraid a day will come when practically, there will be no legal system in Bangladesh. Ed. This Case is also Reported in: 59 DLR (2007) 646. ...... pay Taka one crore. This, according to the informant, is violation of the trust and thus lodged the first information report. 3. Before entering into the merit of the case, we are to settle a question as has been raised from the side of the informant that the Rule in Criminal Miscellaneous C......he instance of the accused petitioners for quashment of the proceedings of Fatullah PS Case No. 125 dated 27-4-2006 pending in the Court of Magistrate, First Class, Narayanganj (South). 2. The facts relating for disposal of these two Rules are that the informant, an exporter of gar ments prod..Category: Criminal Law | Date: | Hits: 97
Ali Ashraf Mia Vs. Chairman, First Court of Settlement and others, 2006, 35 CLC (HCD)
....interference by this Court. Accordingly, both the aforesaid Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 640. ...... Babar Road, Dhaka) and Case No. 65 of 1990 (Ka 45 Block B Mohammadpur, Dhaka) should not be declared to have been passed without lawful authority and are of no legal effect and why the properties in question should not be excluded from the list of Abandoned Property published in the official gazett......d 23-9-1986 and/or pass such other or further order of orders as to this Court may seem fit and proper. 2. Both the Rules have been issued at the instance of the petitioner and concern similar facts and point of law and, as such, are being disposed of by this single judgment. 3. In Wri..Category: Property Law | Date: | Hits: 39
Executive Engineer, Roads and Highways Vs. Naderuzzaman and others, 2007, 36 CLC (HCD)
....t the time of the issuance of the Rule and extended subsequently is vacated. Send down the lower court records. Ed. This Case is also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ......the prayer for temporary injunction on the ground that the lease granted in favour of the plaintiff was not in compliance with the legal requirements. 7. The Court of review noticed: "Now the only question arises to consider is, as to whether any prior approval was necessary from the Department."......ages Limited vs. Member, Labour Appellate Tribunal Dhaka and others reported in 52 DLR (AD) 160. 5. Mr. Abul Khair, the learned Advocate appearing for the opposite party No. 1, submits that in the facts of the case the review application under Order XLVII, rule 1 of the Code of Civil Procedure is..Category: Procedural Law | Date: | Hits: 75
Bellal Hossain (Md) & others Vs. Md. Yasin Ali Mondal and ors., 2007, 36 CLC (HCD)
....ed earlier by this Court stands vacated. Send down the lower Court's record at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 634. ......, evidences, all deeds and exhibits, judgments and orders of the Courts below, and given my anxious consideration to the submissions advanced by the learned Counsels of both sides. 9. Now, the question that calls for consideration is, whether the deed under pre-emption was an exchange deed ......Judge-in-Charge, Naogaon in Miscellaneous Case No. 11 of 1995 should not be set aside and or pass such other order or further order or orders as to this Court may deem fit and proper. 2. Short facts leading to this Rule are that on 15-3-1995 the pre-emptor (herein opposite party No. 1), claim..Category: Property Law | Date: | Hits: 23
Commissioner of Taxes Vs. Prime Bank Ltd., 2007, 36 CLC (HCD)
....peal to Appellate Division under section 162 of the Ordinance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ......peal and set aside the order of Inspecting Additional Commissioner of Taxes and restored that of the Deputy Commissioner of Taxes as stated hereinabove. 5. In the circumstances, the following questions of law were referred for determination by this Division : (i) Whether shares and de......lication along with all orders passed by the above income tax authorities in the case. We find the crux of the controversy boils down to the question, which needs determination: Whether on the facts and in the circumstances of the case, the Taxes Appellate Tribunal was justified in setting as..Category: Fiscal/Taxation Law | Date: | Hits: 82
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